Property Developer fined £400K following Council prosecution for breach of planning control

 

 

Freehold company HAAB Development Limited and company director Sheikh Behaeddin Adil have pleaded guilty for failing to comply with a planning enforcement notice for a property in the Queen’s Park Estate Conservation Area in the North Paddington area of Westminster.

At the sentencing hearing at Southwark Crown Court on Tuesday 10^th September, HAAB Development Limited and the director of the company, Mr Adil were ordered to pay £415,101.13, for particular criminal conduct under the Proceeds of Crime Act, within three months.

Westminster City Council sought an inspection of the property in Harrow Road after receiving a complaint about a first-floor extension. In May 2015 Officers from the council’s Planning Enforcement team found that the property was converted from a shop with three residential flats, to a shop with seven inadequately sized studio or one-bed flats. This involved rear extensions to the ground floor and first floor as well as many internal rearrangements.

The local authority issued an enforcement notice in April 2016 which was required to be complied with by 18^th November 2016. The notice required the removal of unauthorised works and internal rearrangements to convert the property back to how it was.

In January 2020, the requirements of the notice were still not complied with, and Westminster City Council decided it was in the public interest to prosecute the freehold company and its director.

The enforcement notice was finally complied with in February 2023, with the company and director contesting the prosecution claiming that they were not aware of the central London authority's concerns about the breach of planning control, despite employing a planning agent to respond to the council’s concerns as early as October 2015.

Following the sentencing hearing on 10^th September 2024, both were required to pay fines of £9,750 each and contributions towards the City Council’s prosecution costs in the sum of £50,000 (£25,000 each) within 3 months. This is in addition to the proceeds of crime order.

The Council understands that planning enforcement can be challenging due to the time it requires, but we are pleased to have reached a resolution after a lengthy process.

Cllr Geoff Barraclough, Cabinet Member for Planning and Economic Development said:

Planning Enforcement is there to protect and prevent harm to our historic built environment such as the much loved Queens Park Conservation Area.”

“We are clear that enforcement notices will be served and must be complied with if a building owner goes ahead with development without  getting planning permission first.”

“I welcome this verdict, and the proceeds of crime order, as a warning to others and a reminder that Westminster Council is committed to protecting our City from unscrupulous property developers. ”